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(영문) 서울남부지방법원 2017.01.12 2016고단4940
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (in the case of a set) and is engaged in the driving of a vehicle BM3.

On May 15, 2016, the Defendant driven the above car at around 23:51, and driven the front road of Dongjak-gu Seoul Metropolitan Government C along the two-lanes from the locking room to the Kimpo Airport.

At the time, the driver was at night and was down, and there were other vehicles on the front side and the right side of the motor vehicle, so the driver of the motor vehicle had a duty of care to look well at the front side and the left side of the motor vehicle, and to operate the steering and the steering system accurately, and to prevent the accident in advance by safely operating the motor vehicle along the lane.

Nevertheless, the Defendant neglected to do so and failed to properly operate the steering gear in the way that the victim D (36 years of age) who was proceeding on the right side of the Defendant’s front line by negligence while driving the cell phone away from the vehicle, without properly handling the steering gear. The Defendant was on board the victim E (30 years of age, 30 years of age).

FM5 Boarding parts of the left side of the vehicle of the Defendant was received as the front side of the Defendant’s passenger car.

Ultimately, even though the Defendant by occupational negligence inflicted injury on the victim D in need of approximately two weeks of treatment on the part of the victim D, and suffered injury on the part of the victim E, such as salt, tension, etc. in need of three weeks of treatment, the Defendant immediately stopped and escaped without taking measures, such as aiding the damaged person.

2. Where anyone who violates the Act on the Safety Control of Firearms, Swords, Explosives, Etc. intends to possess swords, he/she shall obtain permission from the head of the competent police station;

Nevertheless, the Defendant, at the time and place specified in paragraph 1, without obtaining permission from the head of the police station having jurisdiction over the police station, carried one swords (18cc in length) in the custody of the Defendant’s driver’s seat on board BM3.

Summary of Evidence

1. The defendant's statement in court;

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